In response to a certified question from the U.S. Court of Appeals for the Fifth Circuit, the Supreme Court of Texas ruled that proceedings conducted by the Environmental Protection Agency under the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA) constitute a "suit" within the meaning of the standard-form CGL policies at issue, thus triggering the insurers' duty to defend.

Since the President’s February 2013 Executive Order directing the NIST to lead the development of a voluntary framework to address and reduce cyber risks, the agencies and stakeholders involved have been exploring whether to tie the February 2014 NIST Framework to incentives such as cyberliability insurance.